Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea that accused was in custody at the time of issuance of cheque but no evidence produced to prove the same - Plea that cheque was stolen by complainant in his absence - Accused is brother-in-law of complainant and in the absence of any direct and reliable evidence, it is highly improbable that..........
Negotiable Instruments Act, 1881, Section 138, 118, 139 -- Dishonour of cheque - Presumption - Accused though denied case of complainant in toto, but by making statement u/s 313 Cr.P.C that his signed cheques were stolen and misused by complainant, he virtually admitted the factum with regard to issuance of cheques and his signatures thereupon - Since accused failed to..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Cheque alleged to be stolen - Information regarding missing of cheque not given to bank - Information to bank was given when accused came to know about filing of complaint but neither the details of cheque was mentioned nor any..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Solitary ground that cheques were stolen would be in the realm of disputed question of fact and would require evidence of parties - Petition for quashing cannot be entertained at this stage owing to existence of triable issues -..........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 378 -- Dishonour of cheque - Presumption - Conviction by trial Court - Acquittal by appellate Court - Notice issued and sent under UCP was served on accused and he has not given any reply though admitting that address mentioned in registered postal covers are correct - Even, evidence..........
Criminal Procedure Code, 1973, Section 311, Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Summoning of Bank manager along with relevant record - Defence of accused is that cheques were stolen and his signatures are forged - Court vide its earlier order permitted accused to summon Bank Manager with relevant record in his defence - However, when..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea of accused is that complainant has stolen cheque from him in his house - Plea held, not tenable as accused admitted his signature and contents of cheque - Even, accused could have replied to legal notice stating that cheque has been stolen from him - Moreover, accused has not chosen to file any..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Statement of accused u/s 313 Cr.P.C. is only to the effect that cheque has been misused - There is no stand in the statement that cheque book was stolen - Presumption not rebutted...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Court below found that cheque contained signatures of accused and it was given to complainant to present in Bank, said act raises presumption u/s 139 of the Act, which was not rebutted by accused - Even, accused did not come in the witness box to support his case - Rather, accused in..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued towards share of profit of joint business - No proof of business or accrual of profit - No proof that amount was outstanding towards accused and was a debt or liability - Court not considered defence that cheque was of the year 2005 and was either retained or stolen by complainant -..........
